Immigration

Requesting a permanent residence permit for EU citizens

After 5 years of lawful and uninterrupted stay in Luxembourg, citizens of an EU Member State or of a country treated as such (Iceland, Norway, Liechtenstein and Switzerland) and the members of their family (also citizens of an EU Member State or of a country treated as such) have the right of permanent residence and may submit an application for a permanent residence permit.

Who is concerned

Those concerned are nationals of EU countries or countries treated as such (Iceland, Norway, Liechtenstein and Switzerland) and the members of their families who are also nationals of an EU country (or a country treated as such) and who have been lawfully resident for an uninterrupted period of at least 5 years in Luxembourg.

Applications for children under the age of ten may be made in their absence by their legal representative.

Prerequisites

EU citizens must be able to prove that they have been lawfully resident for an uninterrupted period of at least 5 years in Luxembourg.

The period of stay is not interrupted by:

temporary absences that do not exceed 6 months per year in total;

longer periods of absence in order to complete military service;

uninterrupted absences of a maximum of 12 consecutive months for significant reasons, such as:

pregnancy and childbirth;

a serious illness;

studies or professional training.

a posting to another Member State of the European Union or a non-EU country.

However, certain EU citizens may be granted the right of permanent residence in Luxembourg before the uninterrupted residence period of 5 years has elapsed. These are:

have carried out a professional activity in Luxembourg or another EU Member State for at least the past 12 months;

and have been living in Luxembourg for an uninterrupted period of more than 3 years;

workers (employees or self-employed persons) who cease their activities (in Luxembourg or in another EU Member State) due to permanent incapacity for work and who have been living in Luxembourg for an uninterrupted period of more than 2 years;

workers (employees or self-employed persons) who receive an accident pension from the Luxembourg authorities because of a permanent incapacity for work due to a work-related accident or an occupational illness - no requirements regarding duration of residence apply in this case;

workers (employees or self-employed persons) who, after 3 years of uninterrupted activity and residence in Luxembourg, change for a salaried or self-employed cross-border activity in another EU Member State, all the while remaining resident in Luxembourg to where they return, in principle, each day or at least once a week.

Family members living with an EU citizen have the right of permanent residence if they can provide proof of 5 years of lawful and uninterrupted residence in the country with the EU citizen.

However, certain people may gain the right of permanent residence in Luxembourg before the end of the period of uninterrupted stay of 5 years:

if the EU citizen with whom they reside has acquired a permanent right of residency before having been resident for 5 years himself;

if the EU citizen (in paid employment or self-employed) dies before being granted his right of permanent residency and if one of the following conditions is met:

on the date of the EU citizen's death, the worker had been living in Luxembourg for an uninterrupted period of 2 years;

his/her death is due to an occupational accident or an occupational illness;

the surviving spouse lost his/her Luxembourgish nationality following marriage to the EU citizen.

The family members who are EU citizens themselves and who have the right of permanent residence may apply for a permanent residence permit. The family members who are third country nationals but who have the right of permanent residence may apply for a permanent residence permit.

How to proceed

Application for a permanent residence permit

EU citizens have to request a permanent residence permit for EU citizens from the Immigration Directorate of the Ministry of Foreign and European Affairs and join a copy of their valid identity document or passport.

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.

The permanent residence permit will be delivered by post to the applicant's address within one month of submission of the application.

Permit validity

The permanent residence permit has unlimited validity.

The authorisation for a permanent stay is not affected by absences from Luxembourg of less than 2 consecutive years.

Loss, theft or damage to the permit

In case of loss or theft of the permanent residence permit, a specific procedure needs to be followed by the EU citizen.